Minutes of Proceedings

Session: 2011/2012

Date: Tuesday, 31 January 2012

The Assembly met at 10.30am, the Speaker in the Chair.

1.    Personal Prayer or Meditation

Members observed two minutes’ silence.

2.    Assembly Business

The Speaker informed Members that he had been notified by the nominating officer of the Ulster Unionist Party, Mr Tom Elliott, that Mr David McNarry had been replaced as Deputy Chairperson of the Committee for Education. The Speaker also informed Members that Mr Tom Elliott nominated Mr Mike Nesbitt to be Deputy Chairperson of the Committee for Education with effect from 31 January 2012. The Speaker confirmed the appointment.

3.    Executive Committee Business

3.1       Statement - Further update on Pseudomonas in the Neo-Natal Unit at the Royal Jubilee Maternity Hospital, Belfast

The Minister of Health, Social Services and Public Safety, Mr Edwin Poots, made a statement regarding a further update on Pseudomonas in the Neo-Natal Unit at the Royal Jubilee Maternity Hospital, Belfast following which he replied to questions.

3.2       Second Stage - Pensions Bill (NIA Bill 3/11-15)

The Minister for Social Development, Mr Nelson McCausland, moved the Second Stage of the Pensions Bill (NIA Bill 3/11-15).

Debate ensued.

Bill (NIA 3/11-15) passed Second Stage (Division 1).

The sitting was suspended at 12.44pm.

The sitting resumed at 2.00pm, with the Deputy Speaker (Mr Beggs) in the Chair.

4.    Question Time

4.1       Education

Questions were put to, and answered by, the Minister of Education, Mr John O’Dowd.

4.2       Employment and Learning

Questions were put to, and answered by, the Minister for Employment and Learning, Dr Stephen Farry.

The Principal Deputy Speaker (Mr Molloy) took the Chair.

5.    Executive Committee Business (Cont’d)

5.1       Consideration Stage - Rates (Amendment) Bill (NIA Bill 2/11-15)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Consideration Stage of the Rates (Amendment) Bill (NIA Bill 2/11-15).

Five amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clause 1 stand part of the Bill.

After debate, Amendments 2 and 3 (as amendments to Amendment 1) were negatived without division.

As neither Amendment 2 nor 3 was made, Amendment 4 (as an amendment to Amendment 1) was not called.

After debate, Amendment 1, inserting a new clause after Clause 1, was made without division.

The question being put, it was agreed without division that Clauses 2 to 5 stand part of the Bill.

After debate, Amendment 5 to Clause 6 was made without division.

The question being put, it was agreed without division that Clause 6 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 7 stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

Bill NIA 2/11-15 passed Consideration Stage and stood referred to the Speaker.

5.2       Motion - Draft Pharmacy (1976 Order) (Amendment) Order (Northern Ireland) 2012

Proposed:

That the draft Pharmacy (1976 Order) (Amendment) Order (Northern Ireland) 2012 be approved.

Minister of Health, Social Services and Public Safety

Debate ensued.

The Question being put, the Motion was carried without division.

5.3       Motion - Draft Sunbeds (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2012

Proposed:

That the draft Sunbeds (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2012 be approved.

Debate ensued.

The Question being put, the Motion was carried without division.

6.    Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 4.50pm.

Mr William Hay
The Speaker
31 January 2012

Northern Ireland Assembly

31 January 2012
Divisions
Division No. 1

Second Stage - Pensions Bill (NIA Bill 3/11-15)

Minister for Social Development

The Question was put and the Assembly divided.

Ayes: 50
Noes: 33

Ayes

Mr Allister, Mr S Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mr Buchanan, Mr Campbell,
Mr T Clarke, Mr Copeland, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Dunne, Mr Easton, Mr Elliott, Mr Ford, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lewis, Ms Lo, Mr McCarthy, Mr McCausland, Mr McClarty,
Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Lord Morrow,
Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes:  Mr Easton and Ms Lewis.

Noes

Mr Agnew, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mr Dallat,
Mr Doherty, Mr Durkan, Mr Eastwood, Mr Flanagan, Mrs D Kelly, Mr Lynch, Mr F McCann,
Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr McLaughlin,
Mr McMullan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr Molloy, Mr Murphy, Mr Ó hOisín, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Eastwood and Mr Lynch.

The Second Stage was agreed.

 

Rates (Amendment) Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 31 January 2012

 

Amendments tabled up to 9.30am Thursday, 26 January 2012 and selected for debate

 

The Bill will be considered in the following order-

 

Clauses and Long Title

 

Amendment 1

 

New Clause

 

After clause 1 insert -

 

Temporary rebate for certain previously unoccupied hereditaments etc.

1A. After Article 31C of the principal Order (temporary reduction of rates for specified hereditaments) there shall be inserted the following Article-

“Temporary rebate for certain previously unoccupied hereditaments etc.

31D.-(1) Subject to the provisions of this Article, the Department shall grant to a relevant person a rebate from the rates chargeable in respect of the net annual value of a hereditament to which this Article applies.

(2) No rebate shall be granted except on an application made before 1st April 2013 to the Department by a relevant person; and any such application shall contain such information as the Department may reasonably require.

(3) This Article applies to a hereditament which-

(a)  falls within paragraph (4); and

(b) became occupied during the year ending on 31st March 2013 immediately after having been unoccupied for a continuous period of twelve months or more.

(4) A hereditament falls within this paragraph if it is included in the NAV list and-

(a)  when last occupied before it became occupied as mentioned in paragraph (3)(b), it was used for retail purposes; or

(b) if never occupied before it became occupied as mentioned in paragraph (3)(b), it could reasonably have been considered by the Department as likely when next in use to be used for retail purposes.

(5) In this Article-

“F” means the first person to occupy the hereditament after the period mentioned in paragraph (3)(b);

“O” means the owner of the hereditament;

“rebate” means rebate under this Article;

“reduced” includes reduced to nothing;

“retail purposes”, in relation to a hereditament, means the retail provision of goods or services on or from the hereditament.

(6) In this Article “relevant person” means-

(a)  F; or

(b) O if O pays the rates mentioned in paragraph (1) instead of F,

but the Department shall not grant the rebate to O unless it appears to the Department that the rebate will be applied for F’s benefit.

(7) Subject to paragraph (8)-

(a)  the period for which the rebate is granted shall be the period of twelve months beginning with the day on which the hereditament became occupied as mentioned in paragraph (3)(b); and

(b) the amount of the rebate shall be one half of the rates chargeable in respect of that period in respect of the net annual value of the hereditament.

(8) If-

(a)  F ceases to occupy the hereditament during the period for which the rebate is granted; or

(b) the rebate would to any extent contravene an EU obligation,

the rebate shall be proportionately reduced and if too large an amount has been paid or allowed by way of rebate the excess shall be recoverable summarily by the Department as a debt.

(9) Where a rebate is granted in respect of a hereditament, in respect of the period for which the rebate is granted-

(a)  Articles 31, 31AA, 31B and 33B shall not apply to the hereditament;

(b) the hereditament shall not be a specified hereditament for the purposes of Article 31C (temporary reduction of rates for specified hereditaments);

(c)  if the hereditament is distinguished in the NAV list as-

          (i)  exempt from rates under Article 41, 41A or 42 or under Article 12(2) to (4) of the Rates (Capital Values etc.) (Northern Ireland) Order 2006; or

         (ii)  occupied and used wholly or partly for industrial purposes or for transport purposes,

the hereditament shall be treated as if it were not so distinguished.

(10) If the rebate is reduced by virtue of paragraph (8), the reference in paragraph (9) to the period for which the rebate is granted shall be construed accordingly.

(11) The Department shall serve on every relevant person notice of its decision on an application for a rebate.

(12) Any relevant person may, within twenty-eight days of the service on that person of a notice under paragraph (11), apply to the Department for a review by the Department of its decision.

(13) The Department shall serve on every relevant person a notice of the result of the review and any relevant person, if dissatisfied with the result of the review, may appeal to the Lands Tribunal.

(14) On an appeal under paragraph (13) the Lands Tribunal may make any decision which the Department could have made.

(15) The Department may by an order made subject to affirmative resolution modify paragraphs (2) to (8).

(16) Without prejudice to the generality of paragraph (15), an order under that paragraph may¾

(a) for the references to 1st April 2013 and the year ending on 31st March 2013 in paragraphs (2) and (3)(b) substitute references to such date and to such period as may be specified in the order; and

(b) provide that no rebate shall be granted for so much of any period as falls after such date as may be specified in the order and modify paragraph (7)(a) accordingly.”.’

 

Minister of Finance and Personnel

 

Amendment 2

As an amendment to the amendment tabled by the Minister of Finance and Personnel on 25/01/2012, inserting a new clause after clause 1.

 

In Article 31D(4)(a), after ‘purposes’  insert ‘or office purposes’

 

Mr J Allister

 

Amendment 3


As an amendment to the amendment tabled by the Minister of Finance and Personnel on 25/01/2012, inserting a new clause after clause 1.

 

In Article 31D(4)(b), after ‘purposes’  insert ‘or office purposes’

 

Mr J Allister


Amendment 4


As an amendment to the amendment tabled by the Minister of Finance and Personnel on 25/01/2012, inserting a new clause after clause 1.

 

In Article 31D(5), after ‘owner of the hereditament’  insert ‘ “office purposes” has the meaning assigned to it by Article 2 of the Rates (Northern Ireland) Order 1977,’

Amendment 5

 

Clause 6, Page 4, Line 26

 

After ‘Sections 1’ insert ‘, 1A’

 

Minister of Finance and Personnel

 

Northern Ireland Assembly

Papers Presented to the Assembly on
31 January 2012

1.     Acts of the Northern Ireland Assembly

2.     Bills of the Northern Ireland Assembly

3.    Orders in Council

4.    Publications Laid in the Northern Ireland Assembly

5.    Assembly Reports

6.    Statutory Rules

  • Draft S.R. 2012 Welfare of Farmed Animals Regulations (Northern Ireland) 2012 (DARD)

7.   Written Ministerial Statements

8.    Consultation Documents

9.    Departmental Publications

Summary Report of Responses to the Consultation on Every School a Good School - The Way Forward for Special Educational Needs and Inclusion and the associated Equality Impact Assessment (DE)

10. Agency Publications

11.  Westminster Publications

12. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill.

Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles.

Committee Stage (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.

Consideration Stage (CS): Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.

Further Consideration Stage (FCS): Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.

Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.

Royal Assent.

Proceedings as at 31 JANUARY 2012

2011-2015 Mandate
Executive Bills

Title &
Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

/Budget (No. 2) Bill NIA Bill 1/11-15

13.06.11

20.06.11

N/A

N/A

21.06.11

27.06.11

27.06.11

25.07.11

/Rates (Amendment) Bill NIA Bill 2/11-15

16.01.12

24.06.11

N/A

N/A

31.01.12

 

 

 

Pensions Bill NIA Bill 3/11-15

23.01.12

31.01.12

13.03.12

 

 

 

 

 

 

2011-2015 Mandate
Non-Executive Bills

Title &
Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

 

 

 

 

 

 

 

 

 

 

/ Bill progressing by accelerated passage

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